Nmw/53/2005 Of Shankar Sharma v. S. A. Mirajkar Asstt. Commissioner Of Income Tax And Ors

-= : 1 : =- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARYORIGINAL CIVIL JURISDICTION ORDINARY NOTICE OF MOTION NO.53 OF 2005 NOTICE OF MOTION NO.53 OF 2005 IN IN 2003 WRIT PETITON NO.2365 OF2003 WRIT PETITON NO.2365 OF WRIT PETITON NO.2365 OF Shankar Sharma ..Applicant. V/s. S.A.Mirajkar & Ors. ..Respondents. Mr.Kedar Dighe for the applicant. Mr.V.M.Kantheria for respondents. CORAM : S.RADHAKRISHNAN AND CORAM : S.RADHAKRISHNAN AND J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATED : 14TH FEBRUARY, 2005. DATED : 14TH FEBRUARY, 2005. P.C. :- P.C. :- 1. Heard the learned counsel for the applicant and the respondents. Perused the affidavit filed in support of the Notice of Motion dated 1st February, 2005. Having regard to the facts and circumstances of the case and also -= : 2 : =- having perused the earlier order passed by this Court dated 18th August, 2004 in Notice of Motion No.372 of 2004, the following order is passed:- (a) The following shares shall stand attached:- (i) Entire Share Capital of First Global Stockbroking Pvt.Ltd. (80 lakh share of Rs.10/- each). (ii) Entire Share Capital of Virta Trade and Agencies Pvt.Ltd. (3,56,000 shares of Rs.10/- each). (iii) Entire share of the following companies. (iv) 4,000 equity shares of Rs.10/- each of Panchal Components & Appliances Pvt. Ltd. (v) 20,000 equity shares of Rs.10/- each of Top Gear Leasing & Finance Pvt.Ltd. (vi) 5,000 equity shares of Rs.10/- each of Vruddhi Confinvest India Pvt.Ltd. -= : 3 : =- (vii) 3,200 equity shares of Rs.10/- each of U D & M D Agencies Pvt.Ltd. more particularly shown in Schedule ‘A’ forming part of this order. (b) All the properties listed above shall stand attached under this order and the petitioner shall hand over the same to the Prothonotary & Senior Master of this Court within one week along with all shares under proper covering letter specifying full details and particulars thereof which this Court shall hold until the operation of this order. (c) All other immovable properties which are already attached by the Income-tax authorities shall remain in attachment of the department and shall be subject to the provisions of the Act. (d) On furnishing unconditional undertaking to this Court within a week from today that the petitioner shall return to India not later than eight weeks from each departure and shall intimate -= : 4 : =- the respondents immediately upon arrival into India on each occasion. 2. Notice of Motion stands disposed of accordingly. 3. The above petition is peremptorily kept for final hearing on 21st June, 2005. . Parties to act on an ordinary copy of this order duly authenticated by the Associate/C.S. (S.RADHAKRISHNAN, J.) (S.RADHAKRISHNAN, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)